John Weber’s Answers

Police took my computer almost 2 years ago in a search warrant and I haven't heard a thing from them. When can I get it returned

Why haven't. I heard anything?

John’s Answer

February 16, 2014 11:42pm

Although the police have the right to seize items in accordance with a search warrant, there is also an expectation that they will act on the information that they have obtained. Usually there is no statute of limitations for felony cases and investigations like the one you described can go on for years. Usually the police will do a forensic examination of the computer which includes making a copy of the hard drive and using techniques to even recover deleted files. A local lawyer should be able to find out what is going on and give you some good direction about what the police intend to do with the scope and direction of their investigation.

Felony assault on a police officer dropped to a misdemeanor assault...can i legally buy and own a gun?

In 2004 I was charged with assault on a police officer in richmond va...I hired a lawyer and got it dropped to a misdemeanor assault. I plead guilty and got 12 months with 9 months suspended. I had to do 11 months of weekends..narcotics anony...as...

John’s Answer

February 16, 2014 11:32pm

The facts that you describe make it unlikely that you will pass the background check. There are issues potentially that could be "red flags" and you should be very careful when you answer the questions on the firearms forms that must be filled out. If you mislead or falsify any information on those forms, that can give rise to a separate charge potentially. Before you attempt to purchase a firearm, you should speak with an attorney who specializes in firearms. Disclosing all of that information to the gun store where you are purchasing the firearm may be a good way to ensure that the purchase is made with full disclosure of all information.

Can you get kicked out of your parent's house at 16 in the state of Virginia?

I might be pregnant and I'm scared of what my parents will do. Worse case senerio, they would probably kick me out. Is it legal to kick your child out when she's only 16?

John’s Answer

February 16, 2014 11:26pm

Parents are responsible for caring for their children until 18 unless they are no longer able to do so and ask for "help" from the local Department of Social Services. A parent could say they are no longer able to do the job and at that point, a 16 year old should be placed in the care of a relative or a foster care family to ensure that they are protected, safe and cared for. If a parent just "kicks out" their child, it is possible that they could be charged with a criminal offense depending on the facts and circumstances.

Can police trade a drug for a drug

can police use an informant to trade a drug for a drug

John’s Answer

February 16, 2014 11:23pm

Your question suggests that the police "sting" involved an exchange of drugs for drugs. In over two decades of practice, I have never known police, DEA or other agents to do those types of controlled purchases. The issues of being able to identify the drugs and giving an informant controlled substances without close watch pose a lot of dangerous risks to the informant as well as the integrity of the controlled buy. Ultimately, the police have to present these cases to a judge or jury and facts like this would make it very questionable.

I am a 17 yr old girl in VA. I want to move out with my boyfriend and I am pregnant.

I lived in Missouri with my parents before I was 17 and endured a lot of emotional abuse. I planned on moving in with my boyfriend after I turned 17 but my parents signed me over to my aunt and uncle in Virginia who now have power of attorney over...

John’s Answer

February 16, 2014 10:37pm

Your situation that you have described with emotional and possibly physical abuse at home and being placed in the care of relatives is not unusual. Virginia allows for you to make a petition to the juvenile court in Virginia where you live to request emancipation which just means that you will be evaluated to be able to live as an "adult". You can go to the local intake office at the juvenile court in your town and they should be able to help direct you with this request.

Is there anyway I can get my insurance to pay for my repairs if someone ran me off the road?

I was ran off the road the other day and the driver kept going. I have no license plate number, no witnesses that I know how to get a hold of, and my insurance company is telling me that they can't cover me because I don't have collision. Howeve...

John’s Answer

February 15, 2014 6:26pm

You should report any accident or damage to your car to your insurance company. If you had full coverage your insurance would normally include uninsured motorist coverage for damage done by a "John Doe" vehicle. Technically that is who you would sue but your insurance company would actually pay. If they ever found out who the drive was, they could try and get the money from that driver.

Who can i go to if the commonwealth attorney has wrote false statements on me in a plea agreement even if i have the evidence?

I have the evidence that the information he provided is false.... this has taken a toll on my life tremendously!

John’s Answer

January 21, 2014 6:00pm

A plea agreement is ordinarily a compromise agreement where the Commonwealth agrees to give you a lesser charge and/or sentence in exchange for your plea of guilty. The Court requires that the Commonwealth make a summary of the facts and it appears that may be what you are referring to that is wrong. The facts that the Commonwealth has are usually different from the facts that the defense has. This discrepancy is not an issue if the overall plea agreement is acceptable to the defendant. Ordinarily, prosecutors and judges have immunity from prosecution. You should talk to your lawyer about the concerns you have and if you don't want to plead guilty, you can always exercise your constitutional right to trial.

My brother was sentenced to 6 years d.o.c time back in. August. Could he get a sentence reduction or d&d. He's still incity jail

He had four indictments two were dropped and two were prosecuted with a plea agreement of 3 years for each charged. Drug indictments. Less than a gram each time. Still in city custody

John’s Answer

January 21, 2014 5:52pm

Generally once a defendant has been sentenced, he will either be shipped to DOC or remain local. Your question raises the issue of whether somebody's sentence can be changed after sentencing by the trial judge. If your brother has not been shipped off yet to the department of corrections (DOC), a written motion for reconsideration of the sentence may be made, although it is very unlikely that the judge who sentenced him will change his/her mind about the sentence. Usually the lawyer that handled the case may consider doing that or you can hire another lawyer to do the motion for reconsideration. The motion is not timely if your brother has already been shipped off to DOC.

I received a reckless driving citation in botetourt co,fincastle va,office said i was clock me 86 in 70 zone,wil i get jail time

do u recommend a lawyer to go to court?i,m trying to have the charges dropped or lowered to no points ,i have a clean driving record for over 25 yrs ,this is my first reckless driving offens and and moving voilations of any kind that i can remembe...

John’s Answer

December 3, 2013 1:55pm

Your question indicates that you were charged with 85/70, probably on the 81 corridor going through Botetourt County. Due to the high level of truck traffic and the dangerous nature of the road in that area, the troopers are very aggressive at writing tickets to ensure public safety. Your speed will not likely result in any jail time although usually in that County, encroaching on 90 can get you a short "vacation". Given your excellent driving record, you may be eligible to attend an in class driving improvement program to help minimize the impact of the ticket and especially the insurance implications. This would be a county I would suggest that you invest in the expense of hiring an attorney to advocate on your behalf, if possible..